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FRESNO, Calif. (KSEE) — A Good Samaritan stepped in to do what police say was the right thing, but now, that man could find himself in legal troubles.

Back in July, Fresno Police say 30-year old Ryan Flores used a gun and tried to rob the Starbucks near Herndon Avenue and Highway 99. A 58-year old, Cregg Jerri, stepped in to stop the crime, and the two got into a fight. Both men were hurt, but the Flores family said their son plans on suing Jerri for excessive force.

Flores remains in jail, and faces a felony attempted robbery charge. His mother, Pamela Chimienti, said the family does not condone what he allegedly did, but she said Flores should not have been attacked back the way he was.

The surveillance video went viral. In the video, you can see Jerry enjoying his drink at Starbucks. Suddenly, a man wearing a Transformers mask pulls out a gun, a knife, and a bag, and demands money from the barista. Investigators have identify the suspect as Flores. In the video, Jerri is seen hitting Flores with a chair, and a violent fight ensues. Investigators said Jerri was stabbed in the neck during the struggle, but managed to wrestle away the knife and stab Flores several times.

Chief Jerry Dyer calls Jerri a hero. But Chimienti said her son is a victim, too.